Title 42The Public Health and WelfareRelease 119-73

§300j–11 Indian Tribes

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XII— - SAFETY OF PUBLIC WATER SYSTEMS › Part Part E— - General Provisions › § 300j–11

Last updated Apr 6, 2026|Official source

Summary

The Administrator may treat Indian tribes like States. He can let tribes be the main enforcers for public water systems and for underground injection control. He can also give tribes grants and contracts so they can carry out those duties. Within 18 months after June 19, 1986, the Administrator must publish final rules saying which parts of the law this applies to. A tribe can get that treatment only if the Secretary of the Interior recognizes it, it has a governing body doing real government duties, the functions are inside tribal jurisdiction, and the Administrator believes the tribe can do the work under the law and rules. If treating tribes exactly like States won’t work for some parts, the Administrator can set other ways to reach the law’s goals. Tribes do not have to use criminal enforcement, and any tribal enforcement must be at least as protective of people’s health as a State’s.

Full Legal Text

Title 42, §300j–11

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Subject to the provisions of subsection (b), the Administrator—
(1)is authorized to treat Indian Tribes as States under this subchapter,
(2)may delegate to such Tribes primary enforcement responsibility for public water systems and for underground injection control, and
(3)may provide such Tribes grant and contract assistance to carry out functions provided by this subchapter.
(b)(1)The Administrator shall, within 18 months after June 19, 1986, promulgate final regulations specifying those provisions of this subchapter for which it is appropriate to treat Indian Tribes as States. Such treatment shall be authorized only if:
(A)the Indian Tribe is recognized by the Secretary of the Interior and has a governing body carrying out substantial governmental duties and powers;
(B)the functions to be exercised by the Indian Tribe are within the area of the Tribal Government’s jurisdiction; and
(C)the Indian Tribe is reasonably expected to be capable, in the Administrator’s judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this subchapter and of all applicable regulations.
(2)For any provision of this subchapter where treatment of Indian Tribes as identical to States is inappropriate, administratively infeasible or otherwise inconsistent with the purposes of this subchapter, the Administrator may include in the regulations promulgated under this section, other means for administering such provision in a manner that will achieve the purpose of the provision. Nothing in this section shall be construed to allow Indian Tribes to assume or maintain primary enforcement responsibility for public water systems or for underground injection control in a manner less protective of the health of persons than such responsibility may be assumed or maintained by a State. An Indian tribe 11 So in original. Probably should be capitalized. shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the preceding sentence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–182 made technical amendment to section catchline and subsec. (a) designation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300j–11

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73